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These excerpts taken from the ROST 10-Q filed Jun 10, 2009. Six-Month
Delay Applicable to Specified Employees. If, at the time of a Separation from Service of the Executive, the
Executive is a “specified employee” within the meaning of Section
409A(a)(2)(B(i) (a “Specified
Employee”), then any payments and
benefits constituting Section 409A Deferred Compensation to be paid or provided
pursuant to Section 8 upon the Separation from Service of the Executive shall be
paid or provided commencing on the later of (i) the date that is six (6) months
after the date of such Separation from Service or, if earlier, the date of death
of the Executive (in either case, the “Delayed Payment Date”), or (ii)
the date or dates on which such Section 409A Deferred Compensation would
otherwise be paid or provided in accordance with Section 8. All such amounts
that would, but for this Section 22(b), become payable prior to the Delayed
Payment Date shall be accumulated and paid on the Delayed Payment
Date.
(c) Six-Month
Delay Applicable to Specified Employees. If, at the time of a Separation from Service of the Executive, the
Executive is a “specified employee” within the meaning of Section
409A(a)(2)(B(i) (a “Specified
Employee”), then any payments and
benefits constituting Section 409A Deferred Compensation to be paid or provided
pursuant to Section 8 upon the Separation from Service of the Executive shall be
paid or provided commencing on the later of (i) the date that is six (6) months
after the date of such Separation from Service or, if earlier, the date of death
of the Executive (in either case, the “Delayed Payment Date”), or (ii)
the date or dates on which such Section 409A Deferred Compensation would
otherwise be paid or provided in accordance with Section 8. All such amounts
that would, but for this Section 22(b), become payable prior to the Delayed
Payment Date shall be accumulated and paid on the Delayed Payment Date.
(c) Six-Month
Delay Applicable to Specified Employees. If, at the time of a Separation from Service of the Executive, the
Executive is a “specified employee” within the meaning of Section
409A(a)(2)(B(i) (a “Specified
Employee”), then any payments and
benefits constituting Section 409A Deferred Compensation to be paid or provided
pursuant to Section 8 upon the Separation from Service of the Executive shall be
paid or provided commencing on the later of (i) the date that is six (6) months
after the date of such Separation from Service or, if earlier, the date of death
of the Executive (in either case, the “Delayed Payment Date”), or (ii)
the date or dates on which such Section 409A Deferred Compensation would
otherwise be paid or provided in accordance with Section 8. All such amounts
that would, but for this Section 22(b), become payable prior to the Delayed
Payment Date shall be accumulated and paid on the Delayed Payment Date.
(c) Six-Month Delay Applicable to Specified Employees.
If, at the time of a Separation from
Service of the Executive, the Executive is a “specified employee” within the
meaning of Section 409A(a)(2)(B(i) (a “Specified Employee”), then any
payments and benefits constituting Section 409A Deferred Compensation to be paid
or provided pursuant to Section 8 upon the Separation from Service of the
Executive shall be paid or provided commencing on the later of (i) the date that
is six (6) months after the date of such Separation from Service or, if earlier,
the date of death of the Executive (in either case, the “Delayed Payment Date”),
or (ii) the date or dates on which such Section 409A Deferred Compensation would
otherwise be paid or provided in accordance with Section 8. All such amounts
that would, but for this Section 22(b), become payable prior to the Delayed
Payment Date shall be accumulated and paid on the Delayed Payment Date.
(c) Six-Month
Delay Applicable to Specified Employees. If, at the time of a Separation from Service of the Executive, the
Executive is a “specified employee” within the meaning of Section
409A(a)(2)(B(i) (a “Specified
Employee”), then any payments and
benefits constituting Section 409A Deferred Compensation to be paid or provided
pursuant to Section 8 upon the Separation from Service of the Executive shall be
paid or provided commencing on the later of (i) the date that is six (6) months
after the date of such Separation from Service or, if earlier, the date of death
of the Executive (in either case, the “Delayed Payment Date”), or (ii)
the date or dates on which such Section 409A Deferred Compensation would
otherwise be paid or provided in accordance with Section 8. All such amounts
that would, but for this Section 22(b), become payable prior to the Delayed
Payment Date shall be accumulated and paid on the Delayed Payment Date.
(c) These excerpts taken from the ROST 10-K filed Mar 31, 2009. Six-Month Delay Applicable to Specified Employees.
If, at the time of a Separation from Service
of the Executive, the Executive is a “specified employee” within the meaning of
Section 409A (a “Specified
Employee”), then any payments and benefits
constituting Section 409A Deferred Compensation to be paid or provided pursuant
to Section 8 upon the Separation from Service of the Executive shall be paid or
provided commencing on the later of (i) the date that is six (6) months after
the date of such Separation from Service or, if earlier, the date of death of
the Executive (in either case, the “Delayed
Payment Date”), or (ii) the date or dates on
which such Section 409A Deferred Compensation would otherwise be paid or
provided in accordance with Section 8. All such amounts that would, but for this
Section 22(b), become payable prior to the Delayed Payment Date shall be
accumulated and paid on the Delayed Payment Date.
(c) Six-Month Delay Applicable to Specified Employees. If, at the time of a Separation from Service of the Executive,
the Executive is a “specified employee” within the meaning of Section
409A(a)(2)(B(i) (a “Specified
Employee”), then any payments and benefits
constituting Section 409A Deferred Compensation to be paid or provided pursuant
to Section 8 upon the Separation from Service of the Executive shall be paid or
provided commencing on the later of (i) the date that is six (6) months after
the date of such Separation from Service or, if earlier, the date of death of
the Executive (in either case, the “Delayed Payment Date”), or (ii) the date or
dates on which such Section 409A Deferred Compensation would otherwise be paid
or provided in accordance with Section 8. All such amounts that would, but for
this Section 22(b), become payable prior to the Delayed Payment Date shall be
accumulated and paid on the Delayed Payment Date.
(c) Six-Month Delay Applicable to Specified Employees. If, at the time of a Separation from Service of the Executive, the Executive is a “specified employee” within the meaning of Section 409A(a)(2)(B(i) (a “Specified Employee”), then any payments and benefits constituting Section 409A Deferred Compensation to be paid or provided pursuant to Section 8 upon the Separation from Service of the Executive shall be paid or provided commencing on the later of (i) the date that is six (6) months after the date of such Separation from Service or, if earlier, the date of death of the Executive (in either case, the “Delayed Payment Date”), or (ii) the date or dates on which such Section 409A Deferred Compensation would otherwise be paid or provided in accordance with Section 8. All such amounts that would, but for this Section 22(b), become payable prior to the Delayed Payment Date shall be accumulated and paid on the Delayed Payment Date. (c) Six-Month Delay Applicable to Specified Employees. If, at the time of a Separation from Service of the Executive, the Executive is a “specified employee” within the meaning of Section 409A (a “Specified Employee”), then any payments and benefits constituting Section 409A Deferred Compensation to be paid or provided pursuant to Section 8 upon the Separation from Service of the Executive shall be paid or provided commencing on the later of (i) the date that is six (6) months after the date of such Separation from Service or, if earlier, the date of death of the Executive (in either case, the “Delayed Payment Date”), or (ii) the date or dates on which such Section 409A Deferred Compensation would otherwise be paid or provided in accordance with Section 8. All such amounts that would, but for this Section 22(b), become payable prior to the Delayed Payment Date shall be accumulated and paid on the Delayed Payment Date. (c) This excerpt taken from the ROST 10-Q filed Jun 13, 2007. Six-Month Delay Applicable to Specified Employees. If, at the time of a Separation from Service of the Executive, the Executive is a “specified employee” within the meaning of Section 409A (a “Specified Employee”), then any payments and benefits constituting Section 409A Deferred Compensation to be paid or provided pursuant to Section 8 upon the Separation from Service of the Executive shall be paid or provided commencing on the later of (i) the date that is six (6) months after the date of such Separation from Service or, if earlier, the date of death of the Executive (in either case, the “Delayed Payment Date”), or (ii) the date or dates on which such Section 409A Deferred Compensation would otherwise be paid or provided in accordance with Section 8. All such amounts that would, but for this Section 22(b), become payable prior to the Delayed Payment Date shall be accumulated and paid on the Delayed Payment Date.
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